The Ontario Court of Appeal has allowed, in part, an employee’s appeal for damages arising out of a termination without cause, in a decision counsel says shows courts are examining termination clauses with a sense of balance.

In Nemeth v. Hatch Ltd. 2018 ONCA 7, the court heard that the appellant, Joseph Nemeth, was employed by the respondent, Hatch Ltd., for 19 years when his employment was terminated. Nemeth was given eight weeks’ notice and paid just over 19 weeks’ salary as severance pay.